STATEMENT by the ARARAT Center for Strategic Research Regarding the April 28, 2010 Ruling by the Court of Cassation of the Republic of Armenia
On May 21, 2010 the ARARAT Center for Strategic Research, represented by “G & I” Law Firm, received the decision of the Court of Cassation dated April 28, 2010 rejecting its appeal to prevent denial of the Armenian Genocide by the Caucasus Institute Fund. The Court of Cassation, chaired by Judge E. Hayriyan and participated by Judges A. Barseghyan, S. Antonyan, V. Avanesyan, E. Khundaryan, M. Drmeyan, T. Petrosyan and E. Soghomonyan, without dealing with the substance of the claims, issued a conclusory ruling that the complaint is not subject to judicial review. As a result, a situation has been created, whereby the judicial system of the Republic of Armenia has denied the ARARAT Center for Strategic Research its right to argue in court both its original case and the subsequent appeals, which is a gross violation of due process and Armenian law, as well as a series of international obligations undertaken by the Republic of Armenia.
The ARARAT Center for Strategic Research has stated that it plans to pursue all avenues to rectify this damaging precedent. As legal remedies have been exhausted in Armenia, an appeal is being prepared for submission to international tribunals in the near future.
5 Responses to “STATEMENT by the ARARAT Center for Strategic Research Regarding the April 28, 2010 Ruling by the Court of Cassation of the Republic of Armenia”
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Կայքի մոդերատորներն իրավունք ունեն հեռացնելու այն գրառումները, որոնք պարունակում են անձնական վիրավորանքներ, բռնության կոչեր, թեմայից դուրս գրառումներ, գովազդային նյութեր։ Նաև չի խրախուսվում շատախոսությունը (flood):
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Sireli Ararat Center: First, the Armenian has to legislate a law which makes it a crime to deny the Armenian Genocide by an Armenian or foreign citizen, living or visiting Armenia, on Armenian soil. Once there is a Constitutional law which protects the integrity and the rights of the victims, their honor of million and a half victims of the First Genocide of the 20th Century, then, you can take anyone, any person, institution foreign or domestic, which does business with Armenia, or visits Armenia to Court if they deny the Armenian Genocide. It is NOT matter of free speech, rather, it is an intentional falsification of a historical fact with intentions to create hostile and belligerent situation which may incite violence and security for the public. Once the Armenian people vote for such an initiative and make it a law, then, the matter may be taken further for enforcement.
I have a sincere observation, that the Armenian leadership is doing everything to dissipate any and all reference to the enforcement of the Claims of Armenians in Armenia and Diaspora for the damages of the First Genocide of the 20the Century. Further, I have observed a wide crack has been invoked between Armenian public and Diaspora Armenians to create one powerful national unity in its national aspirations in political and social common ground. I do not know who the government and leaders of Armenia are serving, it is clear to me they are serving the United Armenian Nation living everywhere on this earth.
Dear Angela,
There is a law in Armenia, which punishes denial of genocide, in general.
While a specific law for denial of the Armenian Genocide would do much to discourage any further acts of denial of the Armenian Genocide, in particular, the existing legislation already provides sufficient basis to prosecute any such denial in Armenian courts.
I have just read of the rejection of your appeal concerning Genocide denial in Armenia. This motivated me to contact you about a related question: the habitual translation (here in America) of Medz Yeghern as “calamity” (aghet) rather than as “crime” or “atrocity” by many Armenians and by the WORLD press generally. I recently found an English language article from Armenian Public Radio which also translated Medz Yeghern as Great Calamity. In other words, “yeghern” has been consistently replaced by the meaning “aghet”. This is an important question, because President Obama used the term Medz Yeghern last April 24th but did not translate it. While the most important thing is for the Armenian Genocide to be recognized as such, I think it is very unacceptable for the clear meaning of criminality in the term Medz Yeghern to be replaced by “aghet”. I consider it a falsification of the true history of the Genocide and the response of the Armenian people to it in its immediate aftermath.
Dear Angela: The Armenian Criminal Code has an article No. 397.1, which envisages punishment for the denial of Genocide. However, there’s no enforcer of this article. The state apparatus does not serve the Armenian nation and its Constitution. The Civil Action approach by the Ararat Center has also had all the potential to reach the punishment of the denier in this particular case. It was bluntly rejected by the same anti-national elements in the leadership of the Republic of Armenia.
Armenia should prosecute anyone that denies the Armenian Genocide with either a fine or imprisionment. Their are foreign countries that enforce those who deny Genocide and Armenia must enforce this as to the suffering of our people since the Turks came into Asia Minor in 1064 and caused massacre after massacre as well the millions they moslemized.